Legal troubles persist for Smithfield Township constable candidate

Saturday

Nov 9, 2013 at 12:01 AM

Charged with failing to appear for a court hearing after being convicted of falsifying his petition as a candidate for district judge, a man seeking another term as Smithfield Township constable responded to the charges in a statement Friday.

ANDREW SCOTT

Charged with failing to appear for a court hearing after being convicted of falsifying his petition as a candidate for district judge, a man seeking another term as Smithfield Township constable responded to the charges in a statement Friday.

Monroe County District Attorney's detectives arrested Anthony Scott at a Smithfield Township polling place on Election Day Tuesday. An arrest warrant had been issued on charges of not appearing for an Oct. 18 hearing before county President Judge Margherita Patti Worthington.

"(These) tactics employed to win a local election were no less than deplorable," Scott said in a statement.

Scott, a Democrat, lost his bid for re-election as constable to Republican Matt Bauman, 423-352.

Scott was charged in 2011 with falsifying his petition as a candidate for incumbent Magisterial District Judge Brian Germano's seat. Scott's signature appeared on his circulator's affidavit, but not on his candidate's affidavit, something initially not noticed by notary public Joel Keller to whom the forms were submitted.

Scott denied intentionally trying to falsify any paperwork. He said he had decided late to run for the seat and, in the rush to get enough signatures and his paperwork submitted on time, did not realize his signature was not on both affidavits.

Scott was disqualified from the May 2011 primary and later charged with "unsworn falsification to authorities (forged/altered documentation)" and "statement under penalty," both misdemeanors.

A jury in July 2012 convicted Scott of both offenses. He was sentenced to two weeks in Monroe County Correctional Facility, 40 hours of community service, a year of probation and $3,340 in fines and court costs. Scott said he owes only $300 in arrears, not $3,340.

In lieu of serving two weeks in jail, Scott was placed on intermediate punishment (monitoring), but violated the conditions of this and was ordered to appear Oct. 18 before Worthington, said District Attorney's Detective Eric Kerchner.

When Scott did not appear, a bench warrant for his arrest was issued.

"I find it a strange coincidence that the (warrant) generated Oct. 21 could not be effectively delivered until Nov. 5, (which happened to be) the day of elections," Scott, who posted $5,000 bail shortly after being placed in county jail Tuesday said in his statement.

"Although I am a duly elected constable whose address is on file with the county Clerk of Courts office, I was never contacted by the courts or any law enforcement agency (about the warrant having been issued)."

When a judge issues a bench warrant, copies of the bench warrant order go on file with the Clerk of Courts, county Sheriff's and District Attorney's offices, as well as with various local and state police agencies, according to county Prothonotary George Warden and Sheriff's Deputy Mark Phillips. That means anyone in law enforcement can serve that warrant on the person the warrant is for.

"I don't know if it's true (Scott) wasn't notified about the bench warrant having been issued for his arrest," Kerchner said. "All I know is that it was issued, we got a copy of the order, we obviously knew who he is and what he looks like and we were informed he was at the polling place on Election Day. As far as the timing of us being informed on Election Day, I can't speak to that. All I can say is that was when we were made aware of where he was."

So, who if anyone would have been responsible for notifying Scott about the bench warrant?

Warden said a copy of the warrant order went also to attorney Sal Vito, who had represented Scott on the candidate paperwork falsification charges, but Vito said he hadn't been aware until the day of Scott's arrest that a bench warrant had been issued. Vito said even if he had been aware of the warrant prior to Scott's arrest, he was no longer Scott's attorney at that point because Scott by then had a new attorney on the appeal filed in October 2012.

The Pocono Record tried unsuccessfully Friday to contact this new attorney, Vernon Chestnut of Philadelphia. Scott said in his statement that no mention of his case being appealed in state Superior Court has ever been publicized.

Another question is whether Scott is a legitimate constable, who is certified to carry a gun and whose job it is to serve arrest warrants other law enforcement personnel are unable to serve.

Although Scott has been Smithfield Township constable for 11 years, Kerchner said Scott should not be recognized as a constable because he has never undergone the process to become certified as one.

"Constable insurance and certification are optional and necessary only if carrying out work for the district courts, and I do no work for the district courts," said Scott.

However, Executive Assistant Luanne Melia at the Pennsylvania Commission on Crime and Delinquency, which oversees constable certification, said constables in fact work only for magisterial district courts and do need insurance and certification.

Kerchner said district judges do not assign Scott to serve any of their arrest warrants, because they know he's never been certified as a constable.

The Pennsylvania Commission on Crime and Delinquency's website shows Scott's term as constable expired Dec. 31, 2012, which means he's currently not a constable, said PCCD Constable Training Supervisor Sherry Leffler.

To become certified, a constable must undergo 80 hours of basic training and 40 hours of basic gun training, Leffler said. To remain certified, a constable each year must undergo additional 20-hour courses including continued gun training.